Ottawa dog walkers, pet sitters, and anyone who earns a living caring for other people's animals just got a sharp legal wake-up call from Ontario's highest court.
In a ruling that could reshape how liability is understood in the pet care industry, the Ontario Court of Appeal has decided that a part-time dog walker who was bitten while on the job cannot sue her clients for damages — because, at the moment of the bite, provincial law considered her the "owner" of the dog.
What Happened
The case centred on a dog walker who suffered a bite injury while caring for a client's dog. She sought damages from the dog's owners, as most people in her situation might reasonably expect to do. Under Ontario's Dog Owners' Liability Act, owners are strictly liable when their dog bites or attacks someone — no need to prove negligence.
But here's the legal twist: the Act defines "owner" broadly, including anyone who "possesses" a dog. Because the dog walker had the animal in her care at the time of the incident, the court found she fell under that definition — making her, legally speaking, a co-owner. And an owner, the court concluded, cannot sue another owner for damages under the Act.
Why It Matters for Ottawa's Pet Economy
Ottawa is a city of dog lovers. Walk through the Glebe, Westboro, or the trails along the Ottawa River on any given morning and you'll see dozens of dogs being walked — many by professional dog walkers managing multiple animals at once. The pet care industry has grown substantially, with platforms like Rover and Wag making it easy for people to offer casual or part-time services.
This ruling is a significant warning for anyone doing that work, however informally. If you're holding the leash, you may be holding the legal liability too.
What Pet Care Workers Should Know
Legal experts suggest that professional dog walkers, pet sitters, and doggy daycare operators in Ontario should:
- Review their contracts — clearly defined terms around liability and indemnification matter more than ever
- Get proper insurance — general liability insurance designed for pet care professionals can cover incidents where the Act might leave workers unprotected
- Understand the law — Ontario's Dog Owners' Liability Act is strict liability legislation, meaning intent is irrelevant; possession is the key factor
For casual walkers just helping out a neighbour, this ruling is a reminder that even informal arrangements carry legal weight.
The Broader Picture
The ruling highlights a gap in Ontario law that legislators may eventually need to address: workers in the gig economy who provide pet care services are in a uniquely vulnerable position, treated simultaneously as independent contractors (by the platforms that host them) and as legal owners (by the courts interpreting provincial statute).
Until the law catches up, Ottawa's dog-walking community would be wise to walk a little more carefully — legally speaking.
Source: CBC Ottawa. Original reporting by CBC News.
